Mining prohibited in geo-tectonic fragile zones without prior seismic study by experts confirming ecological viability; environmental compensation mandatory for violations; existing leases subject to review.

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. This Tribunal registered the present Original Application (hereinafter referred to as ‘OA’) under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401 on the basis of a letter petition dated 23.04.2023 sent by Raghubir Singh Garia, resident of village and post-Papon, District- Bageshwar, State of Uttarakhand.

2. Complainant has said that illegal mining of soap stone is going on in his village for several months causing damage to environment and leading to depletion of natural resources but no action has been taken by the concerned authorities. Once fertile land is turned into barren land, scarcity of water would become daily struggle for both humans and animals. Debris generated from mining is polluting nearby Punger river and harming aquatic life which has severe impact on eco-system and environmental balance. The main violator is named as Anand Singh Kalakoti, son of Diwan Singh Kalakoti, resident of village and post office- Dofar, District Bageshwar.

3. Tribunal’s Order dated 01.08.2023: Taking cognizance of the complaint on 01.08.2023, Tribunal found it appropriate to verify the facts and thus constituted a Joint Committee comprising Uttarakhand State Pollution Control Board (hereinafter referred to as ‘UKPCB’) and District Magistrate, Bageshwar. The Committee was required to submit its report within one month.

Joint Committee Report dated 01.11.2023:

4. Pursuant to order dated 01.08.2023, Joint Committee submitted report vide e-mail dated 01.11.2023 stating that mining lease for 20 years was sanctioned to Anand Singh Kalakoti vide Government order dated 08.02.2002 for carrying out mining in village Papon, Tehsil and District Bageshwar over an area of 2.81 acres i.e., 1.14 hectares for extraction of soap stone. The said lease expired on 21.02.2022, since, lease deed was registered on 22.02.2002. By a subsequent Government Order dated 03.01.2022, the mining lease has been extended by 30 years. State Level Environment Impact Assessment Authority, Uttarakhand (hereinafter referred to as ‘SEIAA Uttarakhand’) granted Environmental Clearance (hereinafter referred to as ‘EC’) dated 06.12.2019 to Anand Singh Kalakoti for extraction of mineral of the quantity of 5105 to 7184 tonnes per annum. Mining plan was approved by Director, Geology and Mining on 08.12.2022 and use of machines was permitted by Directorate Mining Safety, Ghaziabad vide letter dated 01.09.2011. Consent was issued by UKPCB on 22.05.2023 valid upto 31.03.2024. Joint Committee however found mining beyond the sanctioned lease area and other violations also. The observations and recommendations of Joint Committee are reproduced as under:

English Translation by Tribunal:

“The joint inspection report is as follows:-

01. Mining lease of mineral soapstone was granted for a period of 20 years in favour of Shri Anand Singh Kalakoti S/o Shri Diwan Singh Kalakoti, R/o village Dophad, District and Tehsil Bageshwar by Industrial Department Section-1, vide Government of Uttarakhand OM No. 2424/Au.Vi./74-B/2001, dated 08-02-2002 in a total area of 2.81 acres i.e. 1.14 hectares under the area of village Papon of district and tehsil Bageshwar. The registration of t